United States v. Guillen-Favela

MEMORANDUM ** Dario Guillen-Favela appeals from the 80-month sentence imposed following his guilty-plea conviction for illegal re-entry following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand. Guillen-Favela contends that the district court erred by applying a 16-level enhancement for a previous drug trafficking offense under U.S.S.G. § 2L1.2(b)(l)(A) because the record did not establish that his previous conviction necessarily qualified as a drug trafficking offense. We conclude that the record does not clearly and unequivocally establish that Guillen-Favela was previously convicted of a drug trafficking offense, and that the enhancement was therefore improper. See Malta-Espinoza v. Gonzales, 478 F.3d 1080, 1082-1084 (9th Cir.2007); see also United States v. Kovac, 367 F.3d 1116, 1119 (9th Cir.2004). VACATED and REMANDED. Footnotes [**] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.